| (a) |
an infringer elects to be tried in court— |
| (b) |
the execution of a warrant in terms of section 21(1) produces no movable property to seize and sell or the infringer otherwise fails to comply with the enforcement order after execution of the warrant, the agency must inform the issuing authority, who must cancel the infringement notice, |
and the issuing authority must prepare a summons in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
[Section 22(1) substituted by section 14 (a) and (b) of Act No. 72 of 2002]
| (2) |
Once a summons has been prepared in terms of this section, the Criminal Procedure Act, 1977, applies, and— |
| (a) |
the prosecutor must notify the issuing authority in writing in the prescribed manner of his or her reasons if he or she declines to prosecute; |
| (b) |
the clerk of the court must notify the issuing authority or the agency of the outcome of the case, so that the national contraventions register may be updated; and |
| (c) |
no admission of guilt may be endorsed on a summons or may be accepted. |
[Section 22(2) substituted by section 14(c) of Act No. 72 of 2002]
| (3) |
If an infringer has been summoned to appear at criminal proceedings— |
| (a) |
in terms of subsection (1)(a), and fails to appear or attend, the court must not, despite the provisions of section 55 of the Criminal Procedure Act, 1977, issue a warrant for his or her arrest, but the clerk of the court must notify the issuing authority, which must inform the agency, and the registrar must proceed to issue an enforcement order contemplated in section 20(1); and |
| (b) |
in terms of subsection (1)(b), the case must be handled in terms of the Criminal Procedure Act. 1977. |
[Section 22(3) substituted by section 14(d) of Act No. 72 of 2002]
| (4) |
Despite any other law, an infringer who has been dealt with by means of administrative procedures in terms of this Chapter, does not incur previous convictions and may not be prosecuted again on the same facts. |
[Section 22(4) substituted by section 14(e) of Act No. 72 of 2002]
Housing Development Agency Act, 2008
